Alabama AL (a) All civil actions in tort, contract, or otherwise against any architect or engineer performing or furnishing the design, planning, specifications, testing, supervision, administration, or observation of any construction of any improvement on or to real property, or against builders who constructed, or performed or managed the construction of, an improvement on or to real property designed by and constructed under the supervision, administration, or observation of an architect or engineer, or designed by and constructed in accordance with the plans and specifications prepared by an architect or engineer, for the recovery of damages for: (i) Any defect or deficiency in the design, planning, specifications, testing, supervision, administration, or observation of the construction of any such improvement, or any defect or deficiency in the construction of any such improvement; or (ii) Damage to real or personal property caused by any such defect or deficiency; or (iii) Injury to or wrongful death of a person caused by any such defect or deficiency; shall be commenced within two years next after a cause of action accrues or arises, and not thereafter. Notwithstanding the Baugher v. Beaver Constr. Co., 791 So. 2d 932 (Ala. 2000) (finding tenants claim against home construction company 15 years after completion of the construction was barred by the then applicable 13-year statute of repose). 2 years Code of Ala. 6-5-221 (2018). 2195360 Page 1 of 117
foregoing, no relief can be granted on any cause of action which accrues or would have accrued more than seven years after the substantial completion of construction of the improvement on or to the real property, and any right of action which accrues or would have accrued more than seven years thereafter is barred, except where prior to the expiration of such seven-year period, the architect, engineer, or builder had actual knowledge that such defect or deficiency exists and failed to disclose such defect or deficiency to the person with whom the architect, engineer, or builder contracted to perform such service. (b) This section shall apply to any civil action commenced against an architect, engineer, or builder as defined in this article, whether for his or her own act or omission or failure to act, for the act or omission or failure to act of his or her agents or employees, or for the act or omission or failure to act of any person or entity, its agents, or employees, who are acting under the instructions, control, or supervision of the architect, engineer, or builder. (c) This section shall apply and extend to every action or demand, whether commenced by direct action, action for 2195360 Page 2 of 117
contribution or indemnity, or by counterclaim, cross-claim, or third party practice and whether commenced by an owner of the improvement or any other person. (d) This section shall not apply to, shall not be a defense for, and does not proscribe a cause or right of action against any architect, engineer, or builder who, at the time the cause of action accrues or arises, is the owner or is in actual possession or control as owner, tenant, or otherwise of the improvement. (e) When the architect, engineer, or builder has been the owner or the person in actual possession or control, in whatever capacity, of the improvement during the seven-year period after the substantial completion of construction of the improvement on or to real property, but not at the time the cause of action accrues or arises, the time of the ownership, possession, or control shall not be computed as a portion of the time necessary to create a bar for the action or of relief by virtue of the passage of time after the substantial completion of the improvement. Code of Ala. 6-5-221 (2018) (emphasis by bold added). 2195360 Page 3 of 117
Alaska AK (a) Notwithstanding the disability of minority described under AS 09.10.140(a), a person may not bring an action for personal injury, death, or property damage unless commenced within 10 years of the earlier of the date of (1) substantial completion of the construction alleged to have caused the personal injury, death, or property damage; however, the limitation of this paragraph does not apply to a claim resulting from an intentional or reckless disregard of specific project design plans and specifications or building codes; in this paragraph, substantial completion means the date when construction is sufficiently completed to allow the owner or a person authorized by the owner to occupy the improvement or to use the improvement in the manner for which it was intended; or (2) the last act alleged to have caused the personal injury, death, or property damage. (b) This section does not apply if (1) the personal injury, death, or property damage resulted from (A) prolonged exposure to hazardous waste; (B) an intentional act or gross negligence; (C) fraud or misrepresentation; Beeson v. City of Palmer, 379 P.3d 1084, 1091 (Alaska 2016) (referencing Superior Court decision that 10-year statute of repose barred inverse condemnation claims where the injuries resulted from the initial paving of the road over 10 years earlier). Personal Injury or Property Damage: within 2 years of the accrual of the cause of action Alaska Stat. 09.10.070 (2018). Breach of Contract: 3 years Alaska Stat. 09.10.053 (2018). 2195360 Page 4 of 117
(D) breach of an express warranty or guarantee; (E) a defective product; in this subparagraph, product means an object that has intrinsic value, is capable of delivery as an assembled whole or as a component part, and is introduced into trade or commerce; or (F) breach of trust or fiduciary duty; (2) the facts that would give notice of a potential cause of action are intentionally concealed; (3) a shorter period of time for bringing the action is imposed under another provision of law; (4) the provisions of this section are waived by contract; or (5) the facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of reasonable care by the minor s parent or guardian. (c) The limitation imposed under (a) of this section is tolled during any period in which there exists the undiscovered presence of a foreign body that has no therapeutic or diagnostic purpose or effect in the body of the injured person and the action is based on the presence of the foreign body. 2195360 Page 5 of 117
Arizona AZ Alaska Stat. 09.10.055 (2018) (emphasis by bold added). A. Notwithstanding any other statute, no action or arbitration based in contract may be instituted or maintained against a person who develops or develops and sells real property, or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property more than eight years after substantial completion of the improvement to real property. B. Notwithstanding subsection A of this section, in the case of injury to real property or an improvement to real property, if the injury occurred during the eighth year after the substantial completion, or, in the case of a latent defect, was not discovered until the eighth year after substantial completion, an action to recover damages for injury to the real property may be brought within one year after the date on which the injury to real property or an improvement to real property occurred or a latent defect was discovered, but in no event may an action be brought more than nine years after the substantial completion of the improvement. Fry Food Stores v. Mather & Assocs., 900 P.2d 1225, 1228 (Ariz. Ct. App. 1995) (finding that the 8-year statute of repose did not bar negligence claims against a structural engineer because the statute only applies to contract claims). Personal Injury and Property Damage: within 2 years after the cause of action accrues Ariz. Rev. Stat. 12-542 (LexisNexis 2018). Breach of Written Contract Executed in Arizona: within 6 years after the cause of action accrues Ariz. Rev. Stat. 12-548 (LexisNexis 2018). Breach of Oral Contract: Within 3 years after the cause of action accrues Ariz. Rev. Stat. 12-543 (LexisNexis 2018). 2195360 Page 6 of 117
C. The limitations in subsections A and B of this section include any action based on implied warranty arising out of the contract or the construction, including implied warranties of habitability, fitness or workmanship. D. Nothing in this section applies to actions for personal injury or death nor shall this section operate to shorten the period of warranty provided in an express written warranty. E. For the purposes of subsections A, B and C of this section, an improvement to real property is considered substantially complete when any of the following first occurs: 1. It is first used by the owner or occupant of the improvement. 2. It is first available for use after having been completed according to the contract or agreement covering the improvement, including agreed changes to the contract or agreement. 3. Final inspection, if required, by the governmental body which issued the building permit for the improvement. F. In this section an action based in contract is an action based on a written real estate contract, sales agreement, construction agreement, conveyance or written agreement 2195360 Page 7 of 117
for construction or for the services set forth in subsection A of this section. This section shall not be construed to extend the period prescribed by the laws of this state for bringing any action. If a shorter period of limitation is prescribed for a specific action, the shorter period governs. G. With respect to an improvement to real property that was substantially complete on or before September 15, 1989, the eight and nine-year periods established in subsections A and B of this section shall begin to run on September 15, 1989. Notwithstanding the provisions of subsection E of this section and section 12-505, subsection A, this subsection applies to claims that accrued before the effective date of this amendment to this section. Arkansas AR Ariz. Rev. Stat. 12-552 (LexisNexis 2018) (emphasis by bold added). (a) No action in contract, whether oral or written, sealed or unsealed, to recover damages caused by any deficiency in the design, planning, supervision, or observation of construction or the construction and repair of any improvement to real property or for injury to real or personal property caused by such deficiency, shall be brought against any First Elec. Coop. Corp. v. Black, Corely, Owens & Hughes, P.A., Case No. CA10-1257, 2011 Ark. App. 447, *5-6 (Ct. App. June 22, 2011) (finding that breach of contract claims against an architect and engineer were barred by the 5-year statute of repose and that the statute of Personal Injury and Property Damage: within 3 years after the cause of action accrues Ark. Code Ann. 16-56-105 (2018). 2195360 Page 8 of 117
person performing or furnishing the design, planning, supervision, or observation of construction or the construction or repair of the improvement more than five (5) years after substantial completion of the improvement. (b) (1) No action in tort or contract, whether oral or written, sealed or unsealed, to recover damages for personal injury or wrongful death caused by any deficiency in the design, planning, supervision, or observation of construction or the construction and repairing of any improvement to real property shall be brought against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction and repair of the improvement more than four (4) years after substantial completion of the improvement. (2) Notwithstanding the provisions of subdivision (b)(1) of this section, in the case of personal injury or an injury causing wrongful death, which injury occurred during the third year after the substantial completion, an action in tort or contract to recover damages for the injury or wrongful death may be brought within one (1) year after the date on which injury occurred, repose cannot be waived via a tolling agreement). Breach of Written Contract: within 5 years after the cause of action shall accrue Ark. Code Ann. 16-56-111 (2018); Breach of Oral Contract: within 3 years after the cause of action accrues Ark. Code Ann. 16-56-105 (2018) 2195360 Page 9 of 117
irrespective of the date of death, but in no event shall such an action be brought more than five (5) years after the substantial completion of construction of such improvement. (c) The foregoing limitations shall also apply to any action for damages caused by any deficiency in surveying, establishing, or making the boundaries of real property, the preparation of maps, or the performance of any other engineering or architectural work upon real property or improvements to real property. (d) The limitations prescribed by this section shall not apply in the event of fraudulent concealment of the deficiency, nor shall the limitation be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death. (e) If a person furnishes designs or plans which are not used within three (3) years from the date they are furnished, no action shall lie against that person for deficiency in the designs or plans. (f) Nothing in this section shall be construed as extending the period prescribed by the 2195360 Page 10 of 117
laws of this state for the bringing of any cause of action, nor shall the parties to any contract for construction extend the above prescribed limitations by agreement or otherwise. (g) As used in this section, the term "person" shall mean an individual, corporation, trust, partnership, unincorporated organization, limited liability company, or any other business association or entity. (h) (1) It is the intent of the General Assembly and the purpose of this subsection to reinstate and to codify the accepted-work doctrine for publicly owned improvements to public property, which was repudiated by the Arkansas Supreme Court in Suneson v. Holloway Construction Co., 337 Ark. 571 (1999). (2) (A) A contractor who performs the construction or repair of any publicly owned improvement to public real property in substantial compliance with the designs or plans, after a practical acceptance of the completion of the improvement by the person representing the government entity in actual possession or control thereof as proprietor, owner, tenant, or otherwise, shall incur no further liability to third parties by 2195360 Page 11 of 117
reason of the condition of the work unless contracted otherwise by the parties. (B) The contractor may be liable for an improvement that is a nuisance per se, or that contains a defect that could not reasonably be detected on inspection by the proprietor, or that was turned over by the contractor in a manner so negligently defective as to be eminently dangerous to third persons. California CA Ark. Code Ann. 16-56-112 (2018) (emphasis by bold added). (a) Except as otherwise provided in this section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than four years after the substantial completion of such improvement for any of the following: (1) Any patent deficiency in the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property; Wagner v. State of Calif., 150 Cal. Rptr. 489, 492-94 (Cal. Ct. App. 1978) (finding driver s claims against an engineer for negligent design were barred by 4-year limitations period). Luckman P ship, Inc. v. Superior Court, 108 Cal. Rptr. 3d 606, 610-11 (Cal. Ct. App. 2010) (finding that a construction worker and his wife s negligence claims against an architect were barred by the 4- year limitations period where the alleged deficiency in the spacing of guardrails was patent). Property Damage: 3 years Cal. Civ. Proc. Code 338 (Deering 2018). Personal Injury: 2 years Cal. Civ. Proc. Code 335.1 (Deering 2018). Breach of Written Contract: 4 years Cal. Civ. Proc. Code 337 (Deering 2018). Breach of Oral Contract, 2 years Cal. Civ. Proc. Code 339 (Deering 2018). 2195360 Page 12 of 117
(2) Injury to property, real or personal, arising out of any such patent deficiency; or (3) Injury to the person or for wrongful death arising out of any such patent deficiency. (b) If, by reason of such patent deficiency, an injury to property or the person or an injury causing wrongful death occurs during the fourth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after Indus. Risk Insurers v. Rust Eng g Co., 283 Cal. Rptr. 873, 873, 877-78 (Cal. Ct. App. 1991) (finding that insurer s subrogation claim against engineering firm that designed a boiler that later exploded were barred by the 10 -year limitations period as the applicable limit commenced when the engineer s work was substantially completed rather than when the improvement itself was substantially completed). the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than five years after the substantial completion of construction of such improvement. (c) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action. (d) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury 2195360 Page 13 of 117
or death for which it is proposed to bring an action. (e) As used in this section, patent deficiency means a deficiency which is apparent by reasonable inspection. (f) Subdivisions (a) and (b) shall not apply to any owner occupied single unit residence. Cal. Civ. Proc. Code 337.1 (Deering 2018) (Emphasis by bold added). (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following: (1) Any latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property. (2) Injury to property, real or personal, arising out of any such latent deficiency. 2195360 Page 14 of 117
(b) As used in this section, latent deficiency means a deficiency which is not apparent by reasonable inspection. (c) As used in this section, action includes an action for indemnity brought against a person arising out of that person s performance or furnishing of services or materials referred to in this section, except that a cross complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action which has been brought within the time period set forth in subdivision (a) of this section. (d) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for bringing any action. (e) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time any deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action. (f) This section shall not apply to actions based on willful misconduct or fraudulent concealment. (g) The 10-year period specified in subdivision (a) shall commence upon substantial 2195360 Page 15 of 117
completion of the improvement, but not later than the date of one of the following, whichever first occurs: (1) The date of final inspection by the applicable public agency. (2) The date of recordation of a valid notice of completion. (3) The date of use or occupation of the improvement. (4) One year after termination or cessation of work on the improvement. The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement. Colorado CO Cal. Civ. Proc. Code 337.15 (Deering 2018) (emphasis by bold added). (1) (a) Notwithstanding any statutory provision to the contrary, all actions against any architect, contractor, builder or builder vendor, engineer, or inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property shall be brought within the time Two Denver Highlands Ltd. P Ship v. Dillingham Constr., N.A. 932 P.2d 827, 829 (Colo. Ct. App. 1996) (finding that contractor s activities in preparing and installing concrete in a parking garage are included in statute of repose and whether a structure is an improvement to real property is a question of law). Negligence: within 2 years after the cause of action accrues Colo. Rev. Stat. 13-80-102 (2018). Breach of Contract: within 3 years after the cause of action accrues 2195360 Page 16 of 117
provided in section 13-80-102 after the claim Colo. Rev. Stat. 13-80-101 for relief arises, and not thereafter, but in no (2018). case shall such an action be brought more than six years after the substantial completion of the improvement to the real property, except as provided in subsection (2) of this section. (b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b), a claim for relief arises under this section at the time the claimant or the claimant's predecessor in interest discovers or in the exercise of reasonable diligence should have discovered the physical manifestations of a defect in the improvement which ultimately causes the injury. (II) Notwithstanding the provisions of paragraph (a) of this subsection (1), all claims, including, but not limited to indemnity or contribution, by a claimant against a person who is or may be liable to the claimant for all or part of the claimant's liability to a third person: (A) Arise at the time the third person's claim against the claimant is settled or at the time final judgment is entered on the third person's claim against the claimant, whichever comes first; and 2195360 Page 17 of 117
(B) Shall be brought within ninety days after the claims arise, and not thereafter. (c) Such actions shall include any and all actions in tort, contract, indemnity, or contribution, or other actions for the recovery of damages for: (I) Any deficiency in the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property; or (II) Injury to real or personal property caused by any such deficiency; or (III) Injury to or wrongful death of a person caused by any such deficiency. (2) In case any such cause of action arises during the fifth or sixth year after substantial completion of the improvement to real property, said action shall be brought within two years after the date upon which said cause of action arises. (3) The limitations provided by this section shall not be asserted as a defense by any person in actual possession or control, as owner or tenant or in any other capacity, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or damage for which it is proposed to bring an action. 2195360 Page 18 of 117
Connecticut CT Colo. Rev. Stat. 13-80-104 (2018) (emphasis by bold added). (a) No action or arbitration, whether in contract, in tort, or otherwise, (1) to recover damages (A) for any deficiency in the design, planning, contract administration, supervision, observation of construction or construction of, or land surveying in connection with, an improvement to real property; (B) for injury to property, real or personal, arising out of any such deficiency; (C) for injury to the person or for wrongful death arising out of any such deficiency, or (2) for contribution or indemnity which is brought as a result of any such claim for damages shall be brought against any architect, professional engineer or land surveyor performing or furnishing the design, planning, supervision, observation of construction or construction of, or land surveying in connection with, such improvement more than seven years after substantial completion of such improvement. (b) Notwithstanding the provisions of subsection (a) of this section, in the case of such an injury to property or the person or such an injury causing wrongful death, which Lathrop v. Malcolm Pirnie, Inc., 25 A.3d 740, 745-46 (Conn. App. Ct. 2011) (finding a material fact issue as to whether monitoring wells installed by engineering firm constituted an improvement). Young v. Marx, 585 A.2d 1253, 1254-55 (Conn. App. Ct. 1991) (finding that claim of negligence against a structural engineer in relation to floor collapse were barred by the 7-year statute of repose). Personal Injury and Property Damage: within 2 years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than 3 years from the date of the act or omission complained of Conn. Gen. Stat. 52-584 (2018). Breach of Written Contract: within 6 years after the right of action accrues Conn. Gen. Stat. 52-576 (2018). Breach of Oral Contract: within 3 years after the right of action accrues Conn. Gen. Stat. 52-581 (2018). 2195360 Page 19 of 117
injury occurred during the seventh year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than eight years after the substantial completion of construction of such an improvement. (c) For purposes of subsections (a) and (b) of this section, an improvement to real property shall be considered substantially complete when (1) it is first used by the owner or tenant thereof or (2) it is first available for use after having been completed in accordance with the contract or agreement covering the improvement, including any agreed changes to the contract or agreement, whichever occurs first. (d) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring action. 2195360 Page 20 of 117
Delaware DE Conn. Gen. Stat. 52-584a (2018) (emphasis by bold added). (a) As used in this section: (1) "Action" shall include actions at law or in equity, or otherwise, instituted and/or prosecuted by or on behalf of this State, any of its agencies, commissions, departments or political subdivisions, and by or on behalf of any other governmental subdivision, agency, department or body, as well as by or on behalf of private individuals, persons, parties, corporations, partnerships, associations and other entities. (2) "Construction" shall include construction, erection, building, alteration, reconstruction and destruction of improvements to real property. (3) "Contract" shall mean the prime or general contract between the general contractor, on the one hand, and the owner or agent of the owner of the real property upon which or to which the construction is to be performed or the owner or agent of the owner of the improvement to be constructed, on the other hand. (4) "Deficiency" shall include acts and actions performed and failures to act and omissions. Cheswold Volunteer Fire Co. v. Lambertson Constr. Co., 462 A.2d 416, 427 (Del. Super Ct. 1983) (finding that claims for breach of contract and breach of warranties against a contractors and subcontractor to be barred by the statute of repose). Personal Injury and Property Damage: within 2 years from the accruing of the cause of action Del.Code Ann. tit. 10, 8107 (2018). Breach of Contract: 3 years Del.Code Ann. tit. 10, 8106 (2018). 2195360 Page 21 of 117
(5) "Improvement" shall include buildings, highways, roads, streets, bridges, entrances and walkways of any type constructed thereon, and other structures affixed to and on land, as well as the land itself, except that such term shall not include buildings, entrances, walkways and structures used or intended to be used at the time of such construction primarily for residential purposes and uses. (6) "Person" shall include individuals, corporations, partnerships, firms, individual proprietorships and associations of persons. (b) No action, whether in or based upon a contract (oral or written, sealed or unsealed), in tort, or otherwise, to recover damages or for indemnification or contribution for damages, resulting: (1) From any alleged deficiency in the construction or manner of construction of an improvement to real property and/or in the designing, planning, supervision and/or observation of any such construction or manner of construction; or (2) From any alleged injury to property, real, personal or mixed, arising out of any such alleged deficiency; or (3) From any alleged personal injuries arising out of any such alleged deficiency; or 2195360 Page 22 of 117
(4) From any alleged wrongful death arising out of any such alleged deficiency; or (5) From any alleged trespass arising out of any such alleged deficiency; or (6) From any alleged injury unaccompanied with force or resulting indirectly from any such alleged deficiency; shall be brought against any person performing or furnishing, or causing the performance or furnishing of, any such construction of such an improvement or against any person performing or furnishing, or causing the performing or furnishing of, any such designing, planning, supervision, and/or observation of any such construction or manner of construction of such an improvement, after the expiration of 6 years from whichever of the following dates shall be earliest: a. The date of purported completion of all the work called for by the contract as provided by the contract if such date has been agreed to in the contract itself; b. The date when the statute of limitations commences to run in relation to the particular phase or segment of work performed pursuant to the contract in which the alleged deficiency occurred, where such date for such phase or segment of work has 2195360 Page 23 of 117
been specifically provided for in the contract itself; c. The date when the statute of limitations commences to run in relation to the contract itself where such date has been specifically provided for in the contract itself; d. The date when payment in full has been received by the person against whom the action is brought for the particular phase of such construction or for the particular phase of such designing, planning, supervision, and/or observation of such construction or manner of such construction, as the case may be, in which such alleged deficiency occurred; e. The date the person against whom the action is brought has received final payment in full, under the contract for the construction or for the designing, planning, supervision, and/or observation of construction, as the case may be, called for by contract; f. The date when the construction of such an improvement as called for by the contract has been substantially completed; g. The date when an improvement has been accepted, as provided in the contract, by the owner or occupant thereof following the commencement of such construction; h. For alleged personal injuries also, the date upon which it is claimed that such alleged 2195360 Page 24 of 117
injuries were sustained; or after the period of limitations provided in the contract, if the contract provides such a period and if such period expires prior to the expiration of 2 years from whichever of the foregoing dates is earliest. (c) Nothing in this section shall extend or lengthen, nor shall anything in this section be construed or interpreted as extending or lengthening, the period otherwise prescribed by the laws of this State for the bringing of any action covered by this section. (d) The limitations prescribed by this section shall not be available by way of a defense to any person in actual possession or actual control, as owner, tenant or otherwise, of such an improvement at the time when the alleged deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action. District of Columbia DC Del. Code Ann. tit. 10, 8127 (2018) (emphasis by bold added). (a) (1) Except as provided in subsection (b), any action (A) to recover damages for (i) personal injury, Sando v. Lefta Asscocs., 559 A.2d 732, 734-38 (D.C. Cir. 1988) (finding that negligence claims for personal injury incurred over 10 years after the completion of the construction of the Personal Injury and Property Damage: Within 3 years from the time the right to maintain the action accrues 2195360 Page 25 of 117
(ii) injury to real or personal property, or (iii) wrongful death, resulting from the defective or unsafe condition of an improvement to real property, and (B) for contribution or indemnity which is brought as a result of such injury or death, shall be barred unless in the case where injury is the basis of such action, such injury occurs within the ten-year period beginning on the date the improvement was substantially completed, or in the case where death is the basis of such action, either such death or the injury resulting in such death occurs within such ten-year period. (2) For purposes of this subsection, an improvement to real property shall be considered substantially completed when (A) it is first used, or (B) it is first available for use after having been completed in accordance with the contract or agreement covering the improvement, including any agreed changes to the contract or agreement, whichever occurs first. (b) The limitation of actions prescribed in subsection (a) shall not apply to hotel against the general contractor who built the hotel were barred by the 10- year statute of repose). D.C. Code Ann. 12-301 (LexisNexis 2018). Breach of Contract: Within 3 years from the time the right to maintain the action accrues D.C. Code Ann. 12-301 (LexisNexis 2018). 2195360 Page 26 of 117
(1) any action based on a contract, express or implied, or (2) any action brought against the person who, at the time the defective or unsafe condition of the improvement to real property caused injury or death, was the owner of or in actual possession or control of such real property, or (3) any manufacturer or supplier of any equipment or machinery or other articles installed in a structure upon real property, or (4) any action brought by the District of Columbia government. Florida FL D.C. Code Ann. 12-310 (LexisNexis 2018) (emphasis by bold added). (3) Within four years. (c) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, Clearwater Hous. Auth. V. Future Capital Holding Corp,, 126 So. 3d. 410, 412(Fla. Dist. App. Ct.) (finding that there was an issue of fact as to when the defendant contractor s contract with the surveyor was completed). Am. Liberty Inc. Co. V. West & Conyers, Architects & Engineers, 491 So.2d 573, 574, 576 (Fla. Dist. App. Ct. 1986) (finding that plaintiff insurer subrogation claim for negligent design against architect was 4 years from actual possession by owner, the date of issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of the completions of the contract or the termination of the contract, whichever is latest Fla. Stat. Ann 95.11(3)(c) (LexisNexis 2018). 2195360 Page 27 of 117
whichever date is latest; except that, when barred by then applicable statute of the action involves a latent defect, the time repose). runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. However, counterclaims, cross-claims, and third-party claims that arise out of the conduct, transaction, or occurrence set out or attempted to be set out in a pleading may be commenced up to 1 year after the pleading to which such claims relate is served, even if such claims would otherwise be time barred. With respect to actions founded on the design, planning, or construction of an improvement to real property, if such construction is performed pursuant to a duly issued building permit and if a local enforcement agency, state enforcement agency, or special inspector, as those terms 2195360 Page 28 of 117
are defined in s. 553.71, has issued a final certificate of occupancy or certificate of completion, then as to the construction which is within the scope of such building permit and certificate, the correction of defects to completed work or repair of completed work, whether performed under warranty or otherwise, does not extend the period of time within which an action must be commenced. Completion of the contract means the later of the date of final performance of all the contracted services or the date that final payment for such services becomes due without regard to the date final payment is made. Georgia GA Fla. Stat. Ann. 95.11 (LexisNexis 2018) (emphasis by bold added). (a) No action to recover damages: (1) For any deficiency in the survey or plat, planning, design, specifications, supervision or observation of construction, or construction of an improvement to real property; (2) For injury to property, real or personal, arising out of any such deficiency; or (3) For injury to the person or for wrongful death arising out of any such deficiency Feldman v. Arcadis U.C., Inc., 728 S.E.2d 792, 793-94 (Ga. Ct. App. 2012) (finding that injured motorist claims for negligence planning and design of a roadway against engineer were barred by the 8-year statute of repose as the roadway was an improvement to real property). Property Damage: within 4 years after the right of action accrues Ga. Code Ann. 9-3-32 (2081). Personal Injury: within 2 years after the right of action accrues; Ga. Code Ann. 9-3-33 (2018). 2195360 Page 29 of 117
Breach of Written Contract: 6 years Ga. Code Ann. 9-3-24 (2018). shall be brought against any person performing or furnishing the survey or plat, design, planning, supervision or observation of construction, or construction of such an improvement more than eight years after substantial completion of such an improvement. (b) Notwithstanding subsection (a) of this Code section, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the seventh or eighth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two years after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than ten years after the substantial completion of construction of such an improvement. Breach of Oral Contract: within 4 years after the right of action accrues Ga. Code Ann. 9-3-25 (2018). Hawaii HI Ga. Code Ann. 9-3-51 (2018) (emphasis by bold added). (a) No action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of within 2 years after the cause of action accrued 2195360 Page 30 of 117
any deficiency or neglect in the planning, Haw. Rev. Stat. Ann. 657-8 design, construction, supervision and (LexisNexis 2018). administering of construction, and observation of construction relating to an improvement to real property shall be commenced more than two years after the cause of action has accrued, but in any event not more than ten years after the date of completion of the improvement. (b) This section shall not apply to actions for damages against owners or other persons having an interest in the real property or improvement based on their negligent conduct in the repair or maintenance of the improvement or to actions for damages against surveyors for their own errors in boundary surveys. The term improvement as used in this section shall have the same meaning as in section 507-41 and the phrase date of completion as used in this section shall mean the time when there has been substantial completion of the improvement or the improvement has been abandoned. The filing of an affidavit of publication and notice of completion with the circuit court where the property is situated in compliance with section 507-43(f) shall be prima facie evidence of the date of completion. This section shall not be construed to prevent, 2195360 Page 31 of 117
limit, or extend any shorter period of limitation applicable to sureties provided for in any contract or bond or any other statute, nor to extend or add to the liability of any surety beyond that for which the surety agreed to be liable by contract or bond. (c) Nothing in this section shall exclude or limit the liability provisions as set forth in the products liability laws. Idaho ID Haw. Rev. Stat. Ann. 657-8 (LexisNexis 2018) (emphasis by bold added). Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision or construction of an improvement to real property, as follows: (a) Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an improvement. (b) Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction of such an improvement. The times fixed by these sections [this section] shall not be asserted by way of Twin Falls Clinic & Hosp. Bldg. Corp. v. Hamill, 644 P.2d 341, 346 (Idaho 1982) (statute of limitations and repose applied barring contract claim against architect over 5 years after completion of the work and tort claim against architect over 8 years after completion of the work). Property Damage: within 3 years Idaho Code Ann. 5-218 (LexisNexis 2018). Personal Injury and professional malpractice: Within 2 years Idaho Code Ann. 5-219 (LexisNexis 2018). Breach of Written Contract: Within 5 years Idaho Code Ann. 5-216 (LexisNexis 2018). Breach of Oral Contract: 4 years Idaho Code Ann. 5-217 (LexisNexis 2018). 2195360 Page 32 of 117
defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of an injury or death for which it is proposed to bring an action. Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action. As used in this section, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company. Illinois IL Idaho Code Ann. 5-241 (LexisNexis 2018) (emphasis by bold added). As used in this Section, person means any individual, any business or legal entity, or any body politic. (a) Actions based upon tort, contract or otherwise against any person for an act or omission of such person in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property shall be Cates v. Hunter Eng g Co., 563 N.E.2d 1239, 588-90 (Ill. App. Ct. 1990) (finding that the cold rolling mill was an improvement to real property in that it substantially enhanced the value of the property and thus that the 10-year statute of repose applied). Within 4 years from the time the person bringing an action, or his or her privity, knew or should have reasonably known of such act or omission 735 Ill. Comp. Stat Ann. 5/13-214 (LexisNexis 2018). 2195360 Page 33 of 117
commenced within 4 years from the time the person bringing an action, or his or her privity, knew or should reasonably have known of such act or omission. Notwithstanding any other provision of law, contract actions against a surety on a payment or performance bond shall be Grimmig v. St. Clair County, 548 N.E.2d 92, 95-96 (Ill. App. Ct. 1989) (finding that the statute began running against the architect on the date that he submitted his plans, not on the date that the structure was built as the claim was predicated on a design error). commenced, if at all, within the same time limitation applicable to the bond principal. (b) No action based upon tort, contract or otherwise may be brought against any person for an act or omission of such person in the design, planning, supervision, observation or Zielinski v. A. Epstein & Sons Int l, Inc., 534 N.E.2d 644, 648 (Ill. App. Ct. 1989) (finding that personal injury claim against architect was barred by the then 12-year statute of repose). management of construction, or construction of an improvement to real property after 10 years have elapsed from the time of such act or omission. However, any person who discovers such act or omission prior to expiration of 10 years from the time of such act or omission shall in no event have less than 4 years to bring an action as provided in subsection (a) of this Section. Notwithstanding any other provision of law, contract actions against a surety on a payment or performance bond shall be commenced, if at all, within the same time limitation applicable to the bond principal. (c) If a person otherwise entitled to bring an action could not have brought such action 2195360 Page 34 of 117
within the limitation periods herein solely because such person was under the age of 18 years, or a person with a developmental disability or a person with mental illness, then the limitation periods herein shall not begin to run until the person attains the age of 18 years, or the disability is removed. (d) Subsection (b) shall not prohibit any action against a defendant who has expressly warranted or promised the improvement to real property for a longer period from being brought within that period. (e) The limitations of this Section shall not apply to causes of action arising out of fraudulent misrepresentations or to fraudulent concealment of causes of action. (f) Subsection (b) does not apply to an action that is based on personal injury, disability, disease, or death resulting from the discharge into the environment of asbestos. Indiana IN 735 Ill. Comp. Stat Ann. 5/13-214 (LexisNexis 2018) (emphasis by bold added). (a) As used in this section, designer means a person who: (1) designs, plans, supervises, or observes the construction of an improvement to real property; or J..M. Foster, Inc. v. Spriggs, 789 N.E.2d 526 (Ind. 2003) (statute of repose barred wrongful death claim against various contractors where wife of deceased construction worker filed suit more than Real Property Damage: within 6 years after the cause of action accrues Ind. Code Ann. 34-11- 2-7 (LexisNexis 2018). 2195360 Page 35 of 117
(2) constructs an improvement to real property. (b) As used in this section, possessor means a person having ownership, possession, or control of real property at the time an alleged deficiency in an improvement to the real property causes injury or wrongful death. (c) As used in this section, deficiency does not mean a failure by a possessor to use reasonable care to maintain an improvement to real property following a substantial completion of an improvement. (d) An action to recover damages, whether based upon contract, tort, nuisance, or another legal remedy, for: (1) a deficiency or an alleged deficiency in the design, planning, supervision, construction, or observation of construction of an improvement to real property; (2) an injury to real or personal property arising out of a deficiency; or (3) an injury or wrongful death of a person arising out of a deficiency; may not be brought against a designer or possessor unless the action is commenced within the earlier of ten (10) years after the date of substantial completion of the improvement or twelve (12) years after the completion and submission of plans and 10 years after project was substantially completed). Personal Property Damage: within 2 years after the cause of action accrues Ind. Code. Ann. 34-11-2-4 (LexisNexis 2018). Personal Injury: within 2 years after the cause of action accrues Ind. Code Ann. 34-11- 2-4 (LexisNexis 2018). Breach of Written Contract: within 10 years after the cause of action accrues Ind. Code Ann. 34-11-2-11 (LexisNexis 2018). Breach of Oral Contract: within 6 years after the cause of action accrues Ind. Code Ann. 34-11-2-7 (LexisNexis 2018). 2195360 Page 36 of 117